The Irish Human Rights Commission (IHRC) has forwarded to the Minister for Foreign Affairs its observations on the proposed Passports Bill. "The Commission is especially pleased that the Minister for Foreign Affairs has referred this important legislative proposal to the IHRC for its observations. This is the first occasion on which a Minister other than the Minister for Justice, Equality and Law Reform has referred legislation to the Commission. We are encouraged by this development and look forward to receiving referrals from a wider range of Ministers in the future", stated Dr. Alpha Connelly, the Chief Executive of the IHRC.
"The Commission warmly welcomes the drafting of the Passports Bill as an important step in giving clear statutory protection to the human rights associated with possession of a passport. This Bill addresses the longstanding omission on the Irish statute book of any primary legislation governing the issuing of Irish passports. The Minister is also taking the opportunity to introduce important human rights provisions in this area", said Dr. Connelly.
In its observations, the IHRC sets out a number of recommendations as to how the Bill can be made more compliant with human rights standards. However, the IHRC wishes to emphasise that it views the main thrust of this proposed Bill as progressive.
Section 9 of the proposed Bill provides that where an applicant for a passport has undergone or is undergoing treatment to alter his or her sexual characteristics, he or she may have the particulars of the changed name and sex entered in the passport. This section of the Bill addresses important questions relating to the right to respect for private and family life, issues which have recently been considered in detail by the European Court of Human Rights. The IHRC believes that this first statutory recognition of transgender rights in Irish legislation represents a significant step forward for the protection of the rights of transgender Irish citizens.
Section 13 of the proposed Bill is also noteworthy. This section provides for a general rule that the Minister shall not issue a passport to a minor without the consent of both guardians. However, it also provides for exceptions to this rule, whereby the Minister may issue a passport without the consent of either guardian where: (i) a court has directed so; (ii) the Minister determines that to issue a passport in the absence of a guardian’s consent is in the child’s best interests; or (iii) a guardian is not contactable. In general terms the IHRC welcomes the provision to allow a Minister take into account the best interests of the child in making such decisions. The inclusion of reference to this principle is consistent with Ireland’s obligations under Article 3 of the Convention on the Rights of the Child and represents an important protection of children’s rights as individuals.
A spokesperson is available for interview.
Please click here to download Observations-Passports-Bill-2006.doc (226 KB)
For further information, please contact:
Mary Ruddy
Senior Human Rights Awareness Officer
Irish Human Rights Commission.
Jervis House,
Jervis Street,
Dublin 1.
Tel. : 01 8589 601
Mobile: 087 2400695
E-mail: info@ihrc.ie
Website : http://www.ihrc.ie